Thantham Ratnatilaka Na Bhuket. The registration of a personal name as a trademark under Thai law. Master's Degree(Business Laws). Thammasat University. Thammasat University Library. : Thammasat University, 2020.
The registration of a personal name as a trademark under Thai law
Abstract:
A trademark is a mark used on and/or in connection with goods and/or services, to distinguish such goods and/or services from the others and to encourage consumers to acknowledge the originality of the goods and/or services. A trademark can be protected by the law when it is registered by its owner with the competent authority. To be a registrable trademark, the mark must be distinctive. This principle is applied universally, as a trademarks main objective is to assist consumers to identify the goods of their choice. In the light of the nature of a personal name, they are given to such person for identification purposes and to contribute as a part of personal identity. In other words, a personal name and a surname can distinguish a person from others, inform their identity, including their lineage, similar to a trademark can distinguish goods and/or services from others and provide originality of the goods and/or services. According to research under relevant Thai intellectual property laws, a personal name is solely mentioned in Section 7(1) of the TA with insufficient detail. Besides, the Guideline barely provides any standard concerning a personal name and a surname to the examinations. As a result, the discretion of the Registrar is uncertain and unfair, causing legal hurdles and monetary damages to applicants, contrary to the U.S. and the UK. In Thailand, the exclusive right for protection of the trademark under the authority of the Registrar is hardly given to applicants, against the purpose of the law. Therefore, the TA and the Guideline should be revised
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